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Terms and Conditions
Last updated: 01/19/2021
This document explains our position and specific conditions regarding your use of our Internet or 'web' sites (collectively, 'Site' or 'Sites'). By using this Site, you agree to be bound by our Conditions of use, Legal notices and Privacy Policy (collectively, 'Notices and Policies'), in addition to other terms and conditions that may appear throughout our Sites.
References to 'Peak K9 Wellness' in this document mean Peak K9 Wellness, its affiliates, subsidiaries, divisions and operational designees and the Site owner.
Peak K9 Wellness reserves the right to make changes to this Site and its Notices and Policies at any time. Each time you use this Site, you should visit and review the then current Notices and Policies that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Site. Peak K9 Wellness is not responsible for typographical or photographic errors on this Site (see Product Display & Colours and Errors on Site for more information).
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. PEAK K9 WELLNESS AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, 'THIRD PARTIES'), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER PEAK K9 WELLNESS NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER PEAK K9 WELLNESS NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. PEAK K9 WELLNESS AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PETSMART OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PEAK K9 WELLNESS OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PEAK K9 WELLNESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL PEAK K9 WELLNESS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND CAD DOLLARS ($1,000.00)
LIMITATIONS REGARDING INFORMATION, ARTICLES & ADVICE
Peak K9 Wellness offers information, articles and advice to Pet Parents through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, call or visit your regular veterinarian or local animal hospital.
PRODUCT DISPLAY & COLOURS
This Site attempts to display product images as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour. Note that the display of colour may depend, in part, upon the monitor you are using.
ERRORS ON SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and Peak K9 Wellness reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Peak K9 Wellness will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account.
PRICING
Online prices, offers and selection may vary between our retail store and online, and are subject to change. We reserve the right to limit sales, including the right to refuse sales, to resellers.
SALES TAX
Because Peak K9 Wellness does business throughout Canada and collects and remits sales tax as required by law, this Site also collects and remits sales tax as appropriate.
PROMOS/COUPONS
If using a promotional/coupon code, it must be entered during Checkout in the designated 'Promo Code' field to redeem the respective offer. Coupons may not be combined with other coupons or promotional offers, are limited to one per transaction and may not be redeemed for cash, credit or refund. See other restrictions in the terms of each offer. Peak K9 Wellness reserves the right to restrict use of coupons on certain products.
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place with us and/or limit quantities on any order, without giving a reason. If we reject your order, we will attempt to notify you using the e-mail address you have provided with the order. Generally, your credit/debit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card.
ORDER ACCEPTANCE/CONFIRMATION
Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Peak K9 Wellness reserves the right at any time after receipt of your order to accept or decline your order for any reason.
RETURN POLICY
All sales made through this Site are subject to Peak K9 Wellness Return Policy
ORDER LIMITATIONS/LIMITED QUANTITIES
Peak K9 Wellness may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. Restrictions may include orders placed by the same Site account, the same credit/debit card and orders that use the same billing and/or shipping address. In the event we make a change to your order, we will attempt to notify you by the e-mail and/or billing address provided with your order. Peak K9 Wellness reserves the right to limit or prohibit sales to dealers.
INDEMNITY
You agree to indemnify and hold Peak K9 Wellness and its officers, agents, employees and other partners and Third Parties harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any other third party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site.
DISPUTES
This Site is operated by Peak K9 Wellness, with its office in Canada. If there is any dispute regarding this Site, by using this Site, you agree that the dispute will be governed by the laws of the Province of Alberta without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the province and federal courts of the Province of Alberta, Town Of Edson.
TERMINATION OF SITE USE
Peak K9 Wellness, in its sole discretion, may terminate your retail account, membership registration or similar uses of this Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to your termination. Peak K9 Wellness reserves the right to change, suspend or discontinue all or any aspects of this Site at any time, without prior notice. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
CHANGES/UPDATES TO NOTICES & POLICIES
Because our Site and stores will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and Peak K9 Wellness as you use our Site and supersede all prior understandings or agreements, written or oral, in this regard.